Bid Awards & Protests

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Awards

Bid & Proposal Openings

As part of the formal bid process, sealed bids and/or proposals are publicly opened
and read at the date and time specified.

After bids are opened, they are made available for public inspection within a reasonable
time. Public inspection does not include the disclosure of documents designated by
SJSU to be confidential.

Bids received after the closing date and time shall not be accepted.

Bid & Proposal Evaluation Process

As soon as practical after the bid opening, the campus shall begin the evaluation
process to determine the lowest responsive and responsible bidder in accordance with
the criteria for evaluation as stated in the solicitation. Deviations from requirements
which do not materially impact the cost, quantity or quality of the item or service
to be provided or do not directly affect the outcome of the bid award, in the opinion
of the campus, may be waived.

All bids may be rejected whenever it is determined to be in the best interests of
the campus. The bid document contains provisions for resolution of protests and disputes.

Notification of Intent to Award

Public notice of the intent to formally purchase on the open market will be posted
on BidsOnline™ where participating bidders may view the detailed bid results.

This intent to award will remain posted for 5 days before a final award is made.

Notification of Final Award

If there are no unresolved complaints, protests or disputes 5 days after an Intent to Award is posted at BidsOnline™, then the final award will be posted.

This 5-day time period allows participating bidders a chance to submit an intent to
protest (if they choose to do so). Once a final award has been made, protests will
not be accepted.

Protests

Informal Complaints

Any complaint lodged by a bidder will initially be addressed by the Buyer assigned
to the transaction. Often, an issue may be resolved simply by providing a clarification
of the bid document.

If you have a complaint regarding a bid or proposal solicitation or award, first discuss
it with the Buyer. The Buyer's contact information will be in the bid/proposal solicitation
packet.

Formal Protests

Notification of Intent to Protest

If your complaint cannot be resolved informally, then you must either drop the complaint
or notify the Buyer of your intent to protest. You will then be given 5-days to submit a full and complete written statement specifying the grounds of the protest
and the facts in support thereof. Authority to protest may be limited to participating
bidders.

Protest of Solicitation Requirements

The solicitation documents provide potential bidders with the opportunity to protest the specifications and/or requirements that the bidder feels may be unfair or unreasonable. Such protests must be submitted
prior to the scheduled bid submittal deadline.

Protest of Contract Award

The bidder may protest the award on the grounds that the intended award is not in
conformance with the provisions of the solicitation document. Such protests must be
submitted within 5-days of the posting of the intent to Award at BidsOnline™.

Disputes Subsequent to Award

Disputes are issues that arise between SJSU and the bidder that has been awarded the
contract. Disputes may include, but are not limited to contention over terms, pricing,
payment, scope and/or deliverables.

A dispute resolution and escalation clause, describing resolution procedures and the
appropriate parties to which the matter may be escalated, may be included in solicitation
documents and contracts, as applicable.

Resolution of Complaints, Protests or Disputes

SJSU has the final authority to resolve complaints, protests and disputes arising
from the solicitation, award or performance of a contract. Solicitation documents
contain provisions for the resolution of protests and disputes.

Award on Hold

If, prior to the award of a contract, and in accordance with the posting of a Notification of Intent to Award, any bidder files a protest on the grounds that the award is not in conformance with
the provisions of the solicitation document, the contract shall not be awarded until
either the protest has been withdrawn or a decision has been reached by the appropriate
campus authorities as to the action to be taken in response to the protest.

Contact Buyer

Any complaint, protest or dispute lodged by a bidder, vendor or contractor shall initially
be addressed by the Buyer assigned to the transaction. Often, an issue may be resolved
simply by providing a clarification of the bid document.

Elevate to Purchasing Manager

Once it becomes evident that a matter cannot be resolved informally, the protest will
be elevated to the Purchasing Manager and, if necessary, the Director of Procurement
& Support Services.

Decisions are Final

After all factors have been analyzed, a final decision shall be issued in a timely
fashion by SJSU. The decision shall be in writing and shall be mailed or otherwise
furnished to the bidder, vendor or contractor in such a manner as to ensure receipt.
The decision of SJSU is final.